폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Around 20:50 on May 20, 2012, the Defendant listened to the Defendant’s speech that the Defendant would not drive the vehicle under drinking from the victim C (the age of 48) at the entrance of the steering box in the East Sea at the time of the East Sea. Around May 20, 2012, the Defendant saw the string of the string string, which is a dangerous object in the Defendant’s DSS5 car, and string the string of the string car, and string off the string string and front of the string car driving seat of the string car in the direction of the victim, and threatened the victim by stating, “I am the string of the string car in the direction of the string car, the string of the string, the string of the string of the string car.”
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement C to the Act
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had been committed several times of violence, intimidation the victim with a deadly weapon. Considering the risk of the instrument used in the crime and the defendant's crime that the victim seems to have stimulated fear of extreme fear, the defendant should be held liable for the strict liability corresponding to the crime.
However, the fact that the defendant reflects the defendant's wrong and repents, that the defendant does not actually proceed to the act of causing harm to the victim, that the defendant seems to have committed the crime of this case by drinking due to psychological instability due to his wife's runaway, that the defendant deposited a certain amount for the victim, and that the sentencing guidelines for the crime of this case recommended by the sentencing guidelines for the crime of this case is from June to June.